Lobbies moves to block Tobiko's appointment

A lobby group has moved to court seeking to block the formal appointment of Keriako Tobiko as Director of Public Prosecutions June 16, 2011. FILE

Two lobby groups and a citizen want President Kibaki stopped from appointing Keriako Tobiko as Director of Public Prosecutions.

Kenya Youth Parliament, Kenya Youth League and Mr Patrick Njuguna want the High Court to stop the appointment until allegations touching on Mr Tobiko’s competence and integrity are fully investigated.

The matter is expected before Lady Justice Jeanne Gacheche later Thursday.

In a petition, filed Thursday morning, the the three applicants are also seeking a declaration that Mr Tobiko’s nomination breached Constitutional provisions on integrity, leadership, competence and impartiality of a public officer.

They also want the court to declare that the President must be guided by those provisions and the national values and principles of governance prescribed in the Constitution.

The lobbies argue that, during the confirmation hearings by the Constitution Oversight Implementation Committee, complaints about Mr Tobiko’s integrity and competence were raised.

They cite a complaint by former deputy Public Prosecutor Philip Murgor, who told the committee that there was a likelihood of conflict of interest if Mr Tobiko is appointed.

They also cite complaints raised by former constitution review commission chairman Yash Pal Ghai, judge of the Appeal Court  Moijo ole Keiwa and anti-corruption chief Prof Patrick Lumumba.

Prof Ghai had objected to Mr Tobiko’s appointment because he had allegedly worked for anti-reform politicians to sabotage the work of the defunct Constitution of Kenya Review Commission, where both were commissioners.

Prof Lumumba, was called to explain contents of a book which he published, which portrayed Mr Tobiko as among the forces that had worked hard to scuttle reforms in Kenya.

“The complaints raise issues that make it impossible to proceed to make the appointment without being in breach of Article 73 of the Constitution,” the petitioners have told the court.

The applicants also fault Parliament for deleting a recommendation that the allegations against Mr Tobiko should be investigated further, when the House approved his nomination on Wednesday night.

The Parliamentary approval was in breach of express provisions of the Constitution and there was a likelihood of that breach to continue if the court fails to grant the injunction, they argue.

The nomination of Mr Tobiko, Judiciary nominees Willy Mutunga and Nancy Baraza were approved by MPs late Wednesday after an acrimonious debate.

During he debate, some MPs opposed Mr Tobiko’s nomination and demanded that the allegations against him should be investigated first before he is confirmed for appointment.

The Kenya Youth League want Mr Tobiko's appointment through a gazette notice be put on hold until their case is heard and determined.

Mr Tobiko's name was approved by Parliament Wednesday night after MPs voted to delete a clause from a parliamentary committee report that had recommended that he should be probed further over graft allegations.

Also approved were the nominees to the position of Chief Justice Willy Mutunga and his deputy Nancy Baraza.